Search Results

1. [2017] NZEmpC 103 McPherson v Carter Holt Harvey Ltd [pdf, 195 KB]

   ...made provision for shift workers to work up to 175 additional hours per year, so just over 14 additional shifts). In this sense the present case is analogous to New Zealand Airline Pilots’ Assoc Inc v Mt Cook Airlines Ltd where the Court of Appeal upheld the Employment Court’s finding that relevant daily pay in relation to pilots who were paid a salary and rostered to work up to a maximum of 206 hours per year (based on a varying fortnightly roster) could be assessed on the bas...

2. LCRO 176/2019 LJ v RY and PG (7 July 2020) [pdf, 230 KB]

   ...from the court to prepare and file the statement of defence. Nature and scope of review [39] The nature and scope of a review has been discussed by the Court. In Deliu v Hong,18 the Court said: … the power of review is much broader than an appeal. It gives the Review Officer discretion as to the approach to be taken on any particular review as to the extent of the investigations necessary to conduct that review, and therefore clearly contemplates the Review Officer reaching his...

3. [2016] NZEmpC 103 Lewis v Silver Fern Farms Ltd [pdf, 183 KB]

   ...to avoid the consequences of scheduling the work for, or carrying it out, on Monday, 27 October 2014. Discussion [19] In New Zealand Fire Service Commission v New Zealand Professional Firefighters Union, the majority of the Court of Appeal held: 5 Whether a day would otherwise be a working day is an intensely practical question. In the first instance, employers and employees have to try to agree on the answer; s 12(2). And the factors they are bound to take into acc...

4. Deputy Registrar - Succession to Ngarangi Kapapa Wiari Selwyn Turoa [2017] Chief Judge's MB 172 (2017 CJ 172) [pdf, 442 KB]

   ...interpretation to include, for purposes other than fulfilment of testamentary or settlor intention in testamentary dispositions or settlements, children in utero as “living” or “surviving”. [18] I note that neither the Supreme Court nor the Court of Appeal decision in the same case, appeared to contest that the en ventre sa mere principle would apply in New Zealand in the case of testamentary dispositions (although such comments were obiter). The Courts merely opposed the ex...

5. Phillips - Estate of Edith Iritana Phillips [2019] Chief Judge's MB 981 (2019 CJ 981) [pdf, 335 KB]

   ...I do not propose to repeat those principles again in this judgment. 3 2019 Chief Judge’s MB 420-445 4 [2009] Chief Judge’s MB 209-225 (2009 CJ 209) 5 [2010] Maori Appellate Court MB 167 (2010 APPEAL 167) 2019 Chief Judge’s MB 992 Issues [15] The issues to determine in this case are: (a) Whether Mr Phillip Phillips had the competency to sign the Deed of Family Arrangement (between November 2008 and February 2009) given hi...

6. [2019] NZEmpC 45 Chambers v Pelabon [pdf, 347 KB]

   ...Court, as considered in Lawrence Publishing. This fact strongly suggests that the principles outlined in that case remain relevant. [38] I turn to statutory context. In Peter Reynolds Mechanical Ltd v Denyer (Labour Inspector), the Court of Appeal considered these provisions in some depth.32 It noted that the stated object of the Act includes acknowledging and addressing “the inherent inequality of power in employment relationships”.33 Similar objects were inherent in the r...

7. Auckland Standards Committee 2 v Burcher [2019] NZLCDT 12 [pdf, 307 KB]

   NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2019] NZLCDT 12 LCDT 014/18 IN THE MATTER OF The Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE NO. 2 Applicant AND TIMOTHY JOHN BURCHER Practitioner CHAIR Judge D F Clarkson MEMBERS Mr S Hunter Ms C Rowe Mr P Shaw Mr I Williams DATE OF HEARING 28 and 29 March 2019 HELD AT Specialist Courts and Tribunals Centre, Auckland DATE

8. Phillips v King - Phillips Whanau Trust (2020) 418 Aotea MB 249 (418 AOT 249) [pdf, 260 KB]

   ...failing to adhere to the terms of trust and core accountabilities may be sufficient grounds for termination. 5 Larkins v Kaitaia – Waihou Hutoia D2A Block [2013] Māori Appellate Court MB 159 (2013 APPEAL 159). 6 See also Chambers v Keepa – Te Hinau A Pura Whānau Trust (2016) 350 MB 74 (350 AOT 74) at [45]; Rata – Te Rongoroa A7 Block (1991) Aotea Appellate MB 223 (13 APWG 228) at 244; Morgan – Tautuku Block XIII Section 5 and...

9. New Zealand Transport Agency - Kaiti 336F (Roadway) (2020) 92 Tairawhiti MB 287 (92 TRW 287) [pdf, 486 KB]

   ...41A and to the ownership interest held in the Parekura Hei Road. That means those who acquired title from him within the Livesey subdivision became owners in common with the Māori owners of the road. [42] The Māori Appellate Court dismissed an appeal against this decision in 2004.22 Members of the hapū Te Whānau a Ehutu wanted to restrict ownership of the roadway to the original owners at the time of the partition, and advanced various arguments in support. The Court agreed wit...

10. White and Te Korowai Tiaki o Te Hauāuru Incorporated Society v Te Rūnanga o Ngāti Tama Trust (2020) 415 Aotea MB 164 (415 AOT 164) [pdf, 290 KB]

    ...transaction vote. [13] Counsel for Te Korowai also referred to the concurrent Environment Court proceedings regarding the Mt Messenger project. Counsel advised that the Environment 415 Aotea MB 171 Court has issued an interim decision, the appeal of which is to be heard by the High Court in August 2020. In this regard, counsel noted that there does not seem to be any urgency to undertake the major transaction vote immediately, as it could potentially be held in June and...